[Monty Burns]

Hi Guys

When I moved in to a property I refused to sign the entry Inventory as the landlord kept labeling a carpet as "good" condition when it was clearly not - stains all over it.

Now i've left, guess what? He's trying to spank us for all of the deposit for various items which I do not think are fair. Now, we have not been involved in, or seen, an exit inventory - obviously, I have not signed it either!

Where does this leave us/him? We are in the TDS but, without any request for payment for x, y or z I can't raise a dispute.

Any ideas where we/he stand with regards to these replacement/cleaning issues with the lack of any signed entry or exit inventory?


Thanks in advance for your help/advice!

[Sad099]

Well there is a small issue here in the sense..

At the start when you didn't sign the inventory beacuse you didn't agree- why didn't you raise the issue then- you could have got an intermediary (estate agent etc) to do the inventory for both parties.

I assume you (and the landlord) just ignored the inventory and got on with the tenancy agreement - didn't alarm bells go off then that this could cause potential issues ie ones being experienced now?

Did you take any photos etc of the place at the start?

If not you are in a difficult position as how can you prove that the carpet was not in the condition you state when you moved in - it now becomes your word against his and unfortunately he at the moment in time has your deposit.

All you can do is discuss the issue with him and resolve amicably - try to come to some compromise and ask him to be honest and reasonable.

when he does ask you for payment you as mentioned will dispute - he will ask you to prove you didn't damage the property - reverse it on him and ask him to prove that you did ie ask him to provide you with evidence ie photo's (taken just prior to the tenancy) or an inventory.

If he gets silly then say you never even saw an inventory even though you asked him for one - so you made your own but he didnl't sign (just write up a list of items and condition etc and backdate).

Some landlords are like this unfortunately and it seems you have found one - just learn ffrom it and move on

Not sure If i helped there or not but its my take on it anyway

[Jenn]

Sorry Sad but you're wrong.

Without a proper signed inventory the landlord cannot prove the state of the property when you moved in therefore cannot make any deductions to the deposit.

http://www.landlordzone.co.uk/pdf/De...nMarch2007.pdf

I'm assuming your deposit isn't in one of those deposit schemes otherwise this might help http://www.direct.gov.uk/en/TenancyDeposit/DG_066397

Tell your lanldord to refund your deposit in full within X days or you'll go to small claims court. If he doesn't do just that.

[Sad099]

Based on the links you have I guess I am - however the OP still has to get his money back !

If the landlord wants to be difficult it won't be easy - my point was to discuss with him and point out there was no inventory and the items in question were in the state they are in when the tenancy started.

But the OP also has to be honest and take responsibilty for any damages/accidents that have occured (if any) during the tenancy and not just say it was like that when i moved in.

It just seems easier to talk to people first without resorting to legal (in most cases problems can be solved this way).

Also we are jumping the gun a little anyway as the OP has stated the landlord hasn't requested payment yet - if the landlord knows the laws and abides by them he will not request any payments due to having no inventory - however if he is an unscrupulous landlord then as mentioned things get a litlle more unpleasant / difficult.

This is based on experiences (personal , friends and family)
Good luck either way

Originally Posted by Jenn

Sorry Sad but you're wrong.

Without a proper signed inventory the landlord cannot prove the state of the property when you moved in therefore cannot make any deductions to the deposit.

http://www.landlordzone.co.uk/pdf/De...nMarch2007.pdf

I'm assuming your deposit isn't in one of those deposit schemes otherwise this might help http://www.direct.gov.uk/en/TenancyDeposit/DG_066397

Tell your lanldord to refund your deposit in full within X days or you'll go to small claims court. If he doesn't do just that.

[Monty Burns]

Hi Guys

thanks to both of you for the responses.

Sad, yes I do have photo's of some stuff but not all. I also have the letting agency person who has said she is happy to back up our point of view on a carpet thats in dispute for example. I really posted this question so that I can be as clear as possible in my understanding.

Now if as Jenn is saying that he has no chance what-so-ever then thats tough &^$t on his part. I would of been happy to pay for some things etc as I'm a reasonable person BUT as he is being such a t*^&er I will ensure I don't pay a penny.

As it goes, the deposit is protected by the TDS so when it goes to TDS, the TDS service will pay out even if he doesn't.

Again, thank you both for your responses, particuly yours Jenn!

[Monty Burns]

Just to add, the landlord has said to me that he is compiling a "schedule" of costs so, whilst no costs have been presented to me yet, they are on there way.

This section in particular, floats my boat:

Digital photos need to have a hard copy signed as well as the tenant being given a CD.
Make sure the tenant signs the inventory on every page on entry, otherwise its use as a basis of assessment is minimised.

[Sad099]

I guess he is an unscrupulous landlord then - why do they do this - pure greed!

Do as you sugessted then - stand your ground as your deposit is protected by TDS and just say the property was left as you found it (even if you did have a few mishaps !)

I hope he gets whats due at some point !

Originally Posted by Monty Burns

Just to add, the landlord has said to me that he is compiling a "schedule" of costs so, whilst no costs have been presented to me yet, they are on there way.

[Intya]

I used to the entry/exit stuff for an agency - Not that it is definitely applicable here, but in my old job you'd make sure the tenant signed to say they had received the inventory, and they understood they had seven days to make any amendments they saw fit, and return it to us before it was seen to be that the tenant agreed on the condition.

Even if you didn't agree with how he'd described the place, you should have amended it yourself, signed it and then asked him to sign the amended copy - If he wouldn't, you could have asked the agent to settle the difference.

It's difficult to say where you stand, but once burned etc

Also remember, his costs must be fair, and can't be seen to be getting old for new - If he's claiming full whack for a five year old carpet and you were there for two years, he's having a laugh, everything has to be proportionate (sp?) to the item's age, condition at entry/exit & the time you were there.